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STATE   OF   MAINE 


AN  ACT  TO  PROVIDE  FOR  THE 
NOMINATION  OF  CANDIDATES 
OF  POLITICAL  PARTIES  BY 
PRIMARY    ELECTIONS 


Adopted  by  the  Qualified  Voters  of  the  State  of  Maine  at  a 
Special  Election  held  on  the  Eleventh  Day  of  September 
A.  D.  1911,  and  on  the  twenty-eighth  day  of  September 
1911   proclaimed   by    the  Governor,  taking   effect 
thirty  days  after  said  proclamation;  incor- 
porating   amendments   to   the   same 
adopted  by  the  76th  Legislature 


Prepared  under  the  Direction  of  the  Secretary  of  State 


jrAIMUARY    1,    1914 


'Yy^xka/^tsjc  .  "oLcA-^^^-o    r;^'»-cs3j;w«*Xa-o  ,  «^^ 


STATE  OF  MAINE 


An  Act  to  Provide  for  the 

Nomination  of  Candidates 
of  Political  Parties 

by  Primary  Elections 


Adopted  by  the  Qualified  Voters  of  the  State  of  Maine  at  a  Special 
Election  held  on  the  Eleventh  Day  of  September,   A.  D.    1911 
and  on  the  Twenty-eighth   Day  of  September,   191 1   pro- 
claimed   by    the  Governor,  taking  effect  thirty 
days  after  said    proclamation;  incorporat- 
ing amendments  to  the  same  adopted 
by  the  76th  Legislature. 


Prepared  Under  the  Direction  of  the 
SECRETARY  OF  STATE 


JANUARY  1,  1914 


si' 


AN  ACT  to  provide  for  nomination   of   candidates   of   political 
parties  by  primary  elections. 


Be  it  enacted  by  the  People  of  the  State  of  Maine,  as  follows 


"Political  Parties" 
in  meaning  of  act. 


Section  i.  All  nominations  of  candidates  for  any  state  or  ^^a*  o^^es  ph- 
county  office,  including  United  States  Senator,  member  of  Con- 
gress and  member  of  the  state  legislature,  shall  hereafter  be  made 
at  and  by  primary  elections  to  be  held  in  accordance  with  the  pro- 
visions of  this  act.  The  term  "political  parties,"  as  used  in  this 
act,  is  hereby  de-clared  to  mean  such  political  parties  as  at  the 
gubernatorial  ^election  next  preceding  any  such  primary  election 
polled  at  least  one  per  cent  of  the  entire  vote  cast  in  the  state  for 
Governor.  Nothing  in  this  act  shall  be  construed  as  preventing 
the  nominations  of  candidates  under  section  four  of  chapter  six 
of  the  Revised  Statutes. 

Sect.  2.  Not  less  than  sixty  nor  more  than  ninety  days  be- 
fore the  third  Monday  in  June  of  each  year  in  which  a  state 
election  is  held  biennially,  the  poHtical  parties  aforesaid  shall 
each  hold  a  state  convention  with  such  basis  of  representation 
and  at  such  time  and  place  and  with  such  requisites  as  to  call 
thereof  and  notice  therefor  as  the  state  committee  of  each  such 
political  party  may  determine.  All  such  state  conventions  first 
to  be  held  under  this  act  shall  be  so  called  by  the  appropriate  state  i^"ties  of  Couven 
committee  in  office  when  this  act  shall  take  effect.  At  any  such 
state  convention  the  political  party  so  represented  shall  formulate 
and  adopt  its  declaration  of  principles,  or  platform,  for  the  state 


Must   Hold    State 
Convention. 


isy^ys? 


4  PRIMARY    Election    law. 

election  then  next  ensuing,  elect  a  state  committee,  a  district  com- 
mittee for  each  congressional  district,  and  a  county  committee  for 
Nature  of  Com-  each  couuty.  Severally  of  such  number  and  to  be  elected  in  such 
mittees.  manner  as  the  convention  may  determine.     The  chairman  and 

secretary  shall  thereupon  forthv^ith   certify  to  the   Secretary   of 
State  the  platform  so  adopted  and  the  names  of  the  members  of 
the   committees   so  elected.     Such   committees   shall  thereafter- 
Must  Certify  to  wards,  as  soon  as  reasonably  practicable,  organize  by  the  choice 
ecretaryo    tate.   ^^  ^  chairman  and  secretary  and  certify  such  organization  to  the 
Secretary  of  State ;  they  may    elect    all    other   officers   deemed 
needful,  hold  office  until  their  next  state  convention  hereunder, 
and  perform  such  duties  as  may  be  imposed  upon  them  by  their 
Vacancies,   how  rcspcctive  State  couvcntious.     All  vacancies  for  unexpired  terms 
shall  be  filled  by  the  county  committee  of  the  county  wherein 
such  vacancy  occurs  and  due  certificate  thereof  made  to  the  Sec- 
retary of  State.     All  such  state  conventions  may  transact  such 
other  business  as  shall  not  be  inconsistent  with  the  provisions  of 
this  act.     All  State,  congressional,  district  and  county  commit- 
tees in  office  when  this  act  takes  effect  shall  so  continue  in  office 
until  their  successors  are  elected  hereunder. 
Municipal    and         Scct.  3.     All  the  city,  Ward,  town,  plantation  and  representa- 
Representative  ^-^^  ^j^gg  committccs  of  the  political  parties  aforesaid  in  office 

Class  Committees.  ^  ^ 

when  this  act  takes  effect  shall  be  recognized  as  the  lawful  and 
regular  committees  of  such  poHtical  parties  for  such  cities, 
wards,  towns,  plantations  and  representative  classes.  They  shall 
continue  to  hold  office  until  their  successors  are  elected.  Their 
successors  shall  be  elected  in  such  manner  and  with  such  tenure 
of  office  and  duties,  as  the  appropriate  political  party  within  such 
city,  ward,  town,  plantation  or  representative  class  may  from 
time  to  time  determine.  Each  such  committee  shall  fill  all  vacan- 
cies in  its  membership. 

Sect.  4.  All  committees  created,  elected  or  recognized  under 
sections  two  and  three  of  this  act  shall  be  deemed  to  be  regularly 
elected  general  or  executive  committees  within  the  meaning  of 
section  eight  of  chapter  six  of  the  Revised  Statutes  and  of  all 
provisions  of  this  act. 
Nomination  Scct.  5.  Nominations  for  places  on  the  ballots  to  be  used  at 
primary  elections  shall  be  made  for  each  of  the  poHtical  parties 
entitled  as  aforesaid  to  representation  thereon  by  nomination 
papers  signed  in  the  aggregate  for  each  candidate  of  each  polit- 


PRIMARY      ELECTION      LAW.  5 

ical  party  by  qualified  voters  within  the  electoral  divivsion  or  dis- 
trict, wherein  such  candidate  is  to  be  voted  for,  in  number  not 
less  than  one  per  cent,  nor  more  than  two  per  cent,  of  the  entire  Number     of 
vote  cast  for  governor  in  the  last  preceding  state  election  in  the  S's°«"' 
state  at  large,  if  the  office  for  which  such  candidate  is  to  be  voted 
for  is  to  be  filled  by  the  voters  of  the  state  at  large  or  is  for  the 
office  of  United  States  Senator,  otherwise  not  less  than  one  per 
cent,  nor  more  than   two   per   cent,   of   such  gubernatorial  vote 
within  the  electoral  division  or  district  wherein  such  proposed 
candidate  is  to  be  voted  for.     All  such  nomination  papers  shall 
besides  containing  the  names  of  the  proposed  candidates  specify 
as  to  each,  first,  the  name  of  the  office  for  which  he  is  proposed 
as  a  candidate ;  second,  the  political  party  which  he  represents ; 
third,  his  place  of  residence.     There  shall  not  be  in  any  nomina- 
tion paper  the  name  of  more  than  one  candidate  proposed  for   Must  be  signed  by 
nomination.     Nomination  papers  shall  be  signed  by  members  of  ^o^iJ^j^a?  art^^™^ 
the  political  party  named  therein  for  which  the  nomination  is 
made.     Each  voter  signing  a  nomination  paper  shall  make  his 
signature  in  person  and  add  to  it  his  place  of  residence.     Each 
voter  may  subscribe  his  name  to  one  nomination  for  a  candidate  Can  sign  only  one 
for  each  office  to  be  filled,  and  no  more,  except  in  cases  where  ^"^  ^^^^e  office, 
the  office  is  to  be  filled  by  more  than  one  person  and  in  such  cases 
only  to  the  extent  of  such  number.     One  of  the  signers  to  each 
such  separate  paper,  or  the  person  circulating  the  same,  shall 
make  oath  thereon,  or  by  certificate  of  oath  annexed  thereto.  Must  make  oath 
that  he  believes  the  signatures  are  genuine  and  that  the  persons  ^^s^^^ures  are  gen- 
signing  are  members  of  the  political  party  named  therein  and  that 
they  reside  .within  the  electoral  division  or  district   for  which 
the  nomination  is  proposed.     The  State  at  large  shall  be  consid- 
ered an  electoral  division  within  the  meaning  of  this  section;  pro- 
vided, that  nothing  herein  shall  make  it  necessary  for  nomination 
papers  for  any  candidate  to  be  signed  in  the  aggregate  by  quali- 
fied voters  greater  in  number  than  ten  per  cent,  of  the  last  guber- 
natorial vote   cast  by  the  party  of  such   candidate  within  the 
electoral  division  or  district  wherein   such   candidate   is   to  be 
voted  for. 

Sect.  6.  No  such  nomination  papers  shall  be  signed  before  Must  not  be  signed 
the  first  day  of  January  of  the  year  in  which  such  primary  elec-  before  Jan.  i  of 
tion  is  to  be  held  and  all  such  nomination  papers  shall  be  filed  ^^"  °  "mary. 
with  the  Secretary  of  State  on  or  before  the  first  Monday  of  May 


O  PRIMARY      ELECTION      LAW. 

Candidates  must  ^f  s^id  year.     With  such  nomination  papers  there  shall  also  be 

accept  in  writing.  •'  r    r 

filed  the  consent  in  writing  of  the  persons  so  proposed  thereby 
May  be  amended  as  Candidates,  agreeing  to  accept  the  nomination  if  nominated  at 
under  oath.  ^^^  primary  election,  not  to  withdraw,  and,  if  elected  at  the  state 

election,  to  qualify  as  such  officer.     Such  nomination  papers  so 

In  case  of  death  of-,--,..  .  ^    ^ 

candidate.  nled,  and  bemg  m  apparent  conformity  with  the  provisions  here- 

of, shall  be  deemed  to  be  valid ;  and,  if  not  in  apparent  conformity 
they  may  be  seasonably  amended  under  oath.  In  case  any 
person  who  has  been  duly  proposed  as  a  candidate  under 
the  provisions  thereof  shall  die  before  the  day  of  the  primary 
election,  or  shall  withdraw  in  writing,  so  that  the  nominations 
shall  be  less  than  the  number  of  the  candidates  required  to  be 
voted  for  by  law,  the  vacancy  may  be  supplied  in  the  man- 
ner herein  provided  for  such  original  nomination;  or,  if 
the  time  is  insufficient  therefor,  then  the  vacancy  may  be  supplied 
by  the  appropriate  committee  of  the  state,  district,  county,  city, 
town,  plantation  or  representative  class  by  which  such  office  is  to 
be  elected.  The  certificates  of  nomination  made  for  supplying 
such  vacancy  shall  state,  in  addition  to  the  other  provisions  re- 
quired by  this  act,  the  name  of  the  original  candidate  proposed, 
the  facts  causing  the  vacancy  and  the  measures  taken  in  accord- 
ance with  the  above  requirements  for  filling  the  vacancy;  said 
certificate  shall  be  accompanied  by  the  withdrawal,  if  any,  and 
shall  be  signed  and  sworn  to  by  the  chairman  or  secretary  of 
the  duly  authorized  committee,  if  the  vacancy  is  filled  by  commit- 
in  case  ballots  ^^^      -pj^^  name  so  suppUed  for  the  vacancy  shall,  if  the  ballots 

have  been  printed  ^  ^  "^ 

how   new  name  havc  not  bccu  printed  for  the  office  already,  be  placed  on  the  bal- 

thereon.^    ^ **^*     lots  iustcad  of  the  Original  nomination;  or,  if  the  ballots  have 

been  printed,  new  ballots  containing  the  new  nomination  shall, 

whenever  practicable,  be  furnished,  or  slips  containing  the  new 

nomination  shall  be  printed  under  the  direction  of  the  Secretary 

of  State,  which  may  be  pasted  in  proper  place  upon  the  ballots 

and  thereafter  shall  become  part  and  parcel  of  said  ballots  as  if 

originally  printed  thereon. 

Nomination  pa-         All  nomination  papers  when  filed  shall  forthwith  be  opened 

fnspearrn.°  ^"  "^  ^^^   ^cpt   opcu   uudcr   propcr   regulations   to   public   inspection 

and  the  Secretary  of  State  shall  preserve  the  same  in  his  office 

not  less  than  one  year. 


PRIMARY    ELECTION    LAW. 


Sect.  7.     Whenever  at  the  regular  session  of  the  legislature  in  case  of  pending 

election 
Senator. 


next  to  meet  after  any  primary  election,  so  to  be  held  as  afore-  *^®^*'°°  °^  ^-  ^ 


said  biennially  on  the  third  Monday  in  June,  one  or  more  United 
States  Senators  are  to  be  elected,  the  nominee,  or  nominees,  for 
such  office  or  offices  of  eacn  political  party  shall  be  chosen  at  such 
primary  election.  Nominations  therefor  shall  be  made  and  filed 
as  hereinbefore  provided.  Where  but  one  United  States  Senator 
is  so  to  be  elected,  the  nomination  papers  and  official  ballot  shall 
specify  simply  the  office  of  United  States  Senator.  When,  how- 
ever, two  United  States  Senators  are  so  to  be  elected,  the  nomi- 
nation papers  and  ballots  shall  by  apt  words  designate  the  re- 
spective terms  for  which  they  are  to  be  nominated. 

Sect.  8.     Every  ballot  which  shall  be  printed  in  accordance  How  Ballot  shall 
with  the  provisions  of  this  act  shall  contain  the  names  and  resi-     ®p"°^*  • 
dences  of  all  candidates  whose  nominations  have  been  duly  pro- 
posed hereunder  for  any  office  specified  in  the  ballot,  and  not 
withdrawn  in  accordance  herewith,  and  the  office  for  which  they 
have  been  severally  proposed  through  the  nomination  papers  filed 
as  aforesaid,  and  shall  contain  no  other  names.     The  order  of 
offices  shall  be  the  same  as  in  the  regular  September  election,  ex-  Order  of  offices  on 
cept  that  when  nominations  for  United  States  Senators  are  to  be 
made,  said  office  of  United  States  Senator  shall  be  first  on  said 
ballots.     The  name  of  each  person  for  whom  as  a  candidate  for 
nomination  a  valid  nomination  has  been  filed  shall  be  printed  on 
the  ballot  in  but  one  place.     The  names  of    the    candidates    for  Arranged  in  alpha- 
nomination  to  each  office  shall  be  arranged  under  the  designa-  beticai  order, 
tion  of  the  office  in  alphabetical  order,  according  to  surnames. 
There  shall  be  left  at  the  end  of  each  list  of  candidates  for  nomi- 
nation to  each  office  a  blank  space  or  spaces,  in  which  the  voter 
may  write  or  paste  the  name  or  names  of  any  person  or  persons 
not  printed  on  the  ballot  for  whom  he  desires  to  vote  as  a  nomi-  May  write  in 
nee  or  nominees  for  such  office,  the  number  of  blank   spaces   so   names  not  printed 
left  to    be    equal    to    the    number  of  nominees  to  be  selected 
for    such    office.     The   ballot   shall   be   printed   so   as   to   give 
each     voter     a     clear     opportunity     to     desis:nate     his     choice 

J.J  r  ..  ,  ,.  ,,^v  ,         How   voter     must 

tor  candidates   for  nommation  by  makmg  a  cross    (X)   to  the  mark  his  ballot, 
right  of  the  name  of  each  candidate  he  wishes  to  vote  for  as  a 
nominee  to  each  office;  and  on  the  ballot  shall  be  printed  such 
words  as  will  aid  the  voters  to  do  this  "Vote  for  one,"  "Vote 
for  two,"  and  the  like.     At  the  top  of  the  ballot  there  shall  be  „,, 

1-  '11  (i-\  IT    1  /-s.7-\    '         1  What  must  appear 

prmted  m  capital  letters,    Make  a  cross  (X)  in  the  square  to  the  on  the  ballot, 
right  of  the  name  of  the  person  you  wish  to  vote  for.     Follow 


8  PRIMARY    ELECTION    LAW. 

directions  as  to  the  number  of  candidates  to  be  marked  for  each 

office.     Add  names  by  writing  or  pasting  stickers  in  blank  spaces 

Names  must  not  ^^^  msLrk  cross    (X)    to  right  of   such  names.     Do  not  erase 

be  erased.  ^       "^  ^ 

names.''  The  ballots  shall  be  printed  on  tinted  paper,  of  a  sep- 
Designating  color  aratc  tint  for  cach  political  party,  white  for  the  party  casting  the 
for  each  party.  highest  votc  for  Govcmor  at  the  last  preceding  state  election, 
yellow  for  the  second  highest,  blue  for  the  third  highest,  green 
for  the  fourth  highest,  other  colors  for  others  if  any,  and  brown 
Ballots  of  Uniform  for  Specimen  or  sample  ballots.  They  shall  be  of  uniform  size 
*'^**  for  all  political  parties  and  folded  before  distribution  in  marked 

creases  so  as  to  be  of  uniform  length  and  width  and  conceal  the 
interior  contents.     On  the  back  shall  be    printed    so    as    to    be 
visible  when  folded,  "Official  Nominating  Ballot,"   followed  by 
the  designation  of  the  polling  place  for  which  the  ballot  is  pre- 
pared, the  date  of  the  primary  election  and  a  fac-simile  of  the 
signature  of  the  Secretary  of  State. 
Ballots,    notices,         ggct.  Q.     All  ballots,  printed  notices,  sample  ballots  and  cards 
nisiied  by  Secre-  of  iustructious  shall  be  fumished  by  the  Secretary  of  State,  at 
tary  of  State.         the  expcnsc  of  the  State,  in  the  same  manner  as  in  the  case  of 
regular  elections.     All  the  expense  of  the  calling  and  holding  of 
the  primary  elections  and  the  making  and  forwarding  of  the  re- 
turns thereof  shall  be  paid  for  by  the  municipaUties.     All  other 
expenses  hereunder  shall  be  borne  by  the  State. 
Secretary  of  State         Scct.  10.     The  Secretary  of  State  shall  fourteen  days  at  least 
shall  furnish  lists  previous  to  the  day  of  any  primary  election  transmit  to  the  clerks 

of  candidates  to  be    ^  "^  "^    ^  .... 

posted  by   town  in  cach  city,  town  and  plantation  prmted     lists    contammg    the 
^^^^^^'  names,  residences  and  party  or  political  appellations  of  all  candi- 

dates proposed  for  nomination  as  herein  provided  for  such 
election  and  to  be  voted  for  at  each  polling  place  in  each  such 
city,  town  and  plantation  respectively  substantially  in  the  form 
of  the  ballot  to  be  used  therein ;  and  the  clerks  shall  immediately 
cause  the  lists  for  each  plantation,  town  or  ward,  as  the  case  may 
be,  to  be  conspicuously  posted  in  one  or  more  public  places  in 
Lists  shall  be  ad-  such  plantation,  town  or  ward.  The  Secretary  of  State  shall 
likewise  cause  to  be  published  prior  to  the  day  of  any  such 
election  hereunder,  in  at  least  two  newspapers,  if  there  be  so 
many,  printed  or  published  in  each  county,  representing  so  far 
as  practicable,  the  political  parties  which,  at  the  preceding  guber- 
natorial election,  cast  the  largest  and  next  largest  number  of 
votes,  a  list  of  all  the  nominations  proposed,  as  herein  provided 


vertised    in   news- 
papers. 


PRIMARY    ELECTION    LAW.  9 

and  to  be  voted  for  hereunder  in  such  county,  so  far  as  may  be 
in  the  form  in  which  they  shall  appear  upon  the  general  ballots, 
New  nominations  proposed  as  hereinbefore  provided,  to  fill  va- 
cancies, shall  be  transmitted,  posted  and  published  promptly,  and 
so  far  as  practicable  in  the  manner  herein  directed,  and  commu- 
nications transmitted  as  herein  directed  by  the  Secretary  of  State 
to  any  clerk  shall  be  duplicated  on  the  succeeding  day. 

Sect.  II.  Not  less  than  seven  days  before  the  third  Monday  Date  of  Holding 
of  June  preceding  a  biennial  state  election,  the  selectmen  of  every  "™"^ 
town,  by  their  warrant,  shall  notify  and  warn  all  legally  quaUfied 
voters  to  attend  at  the  regular  voting  places  on  the  third  Monday 
in  June  for  the  purpose  of  voting  for  persons  to  be  nominated  by 
their  respective  political  parties  as  candidates  to  be  voted  for 
on  the  second  Monday  in  September  then  next  ensuing.  Said 
warrant  shall  be  in  substance  as  follows : 

PRIMARY  ELECTION  WARRANT. 

State  of  Maine  :  f^,„  „j  Warrant. 

County  of  ss. 

To  the  legal  voters  of  the  town  of 

You  are  hereby  notified  that  the  primary  election  in  this  town, 
of  all  political  parties,  entitled  by  law  to  nominate  candidates  for 

the  next  election,  will  be  held  at on  Monday,  June 

next,  for  the  purpose  of  nominating  candidates  for 

the  following  offices  to  be  voted  for  at  the  election  to  be  held  on 
the  second  Monday  in  September  next  (and  when  such  is  the 
fact  add  "and  for  choice  of  candidate,  or  candidates,  for  United 
vStates  Senator  to  be  elected  by  the  Legislature  next  to  convene 
in  regular  session"),  viz: 

(Here  follow  the  officers  to  be  nominated.) 

The  polls  will  be  open  at  twelve  o'clock,  noon,  and  continue 
open  until  nine  o'clock  in  the  afternoon,  when  they  will  close. 
(To  be  changed  from  nine  o'clock  to  six  o'clock  in  towns  of 
three  thousand  inhabitants  or  less.) 

Voters  not  enrolled  as  members  of  a  political  party  entitled  to 
nominate  candidates  will  not  be  permitted  to  vote.  But  voters 
entitled  to  enrollment  may  cause  themselves  to  be  enrolled  at  the 
polling  places  during  the  primary  election  on  taking  and  subscrib- 
ing the  oath  required  by  law. 


PRIMARY    ELECTION    LAW. 


Enrollment  blanks  will  be   furnished  by  the  town  clerk  on 
application. 

Dated  at this day  of  June,  19     . 


Selectmen  of 

Warrants    how  c       i 

posted.  Such  warrants  shall  be  posted  in  the  manner  required  by 

law  for  warrants  for  the  state  election.  Like  warrants  shall  be 
issued  by  the  mayor  and  aldermen  of  cities  and  the  assessors  of 
plantations,  with  appropriate  changes  and  posted  in  like  manner. 
In  plantations  and  towns  of  two  thousand  inhabitants  or  less  the 
provisions  as  to  enrolled  voters  and  enrollment  shall  be  omitted. 
The  meetings  shall  be  opened  and  closed  as  stated  in  the  form 
of  the  warrant  foregoing.  In  all  such  warrants  appropriate 
provisions  shall  be  inserted  calling  the  attention  of  voters  to  op- 
portunities for  correction  of  lists  of  voters  by  selectmen,  munici- 
pal officers  or  boards  of  registration  in  the  manner  required  by 
law. 

Sect.  12.     In  all  such  primary  elections  the  qualifications  of 

Qualification  of  yoters  in  towns  and  cities  of  any  size  shall  be  determined  by  the 

voters,   howde.  ,.  ,  -  ..,,.  .  .,, 

termined.  lists  of  the  votcrs  uscd  at  the  municipal  elections  in  said  towns 

and  cities  next  preceding  the  primary  election  corrected  as  fol- 
lows :  In  towns  having  five  hundred  or  more  registered  voters  and 
in  all  cities  having  less  than  four  thousand  inhabitants,  the  munic- 
ipal officers  shall  exercise  the  powers  enumerated  in  section  forty 
of  chapter  five  of  the  Revised  Statutes  except  that  applications 
shall  be  received  only  on  the  two  secular  days  next  preceding  the 
day  of  the  primary  election.  In  towns  having  less  than  five  hun- 
dred voters,  the  municipal  officers  shall  exercise  the  powers  of 
section  forty-one  of  chapter  five  of  the  Revised  Statutes.  In 
cities  having  four  thousand  or  more  .inhabitants  the  correcting 
of  said  lists  shall  be  governed  by  chapter  five  of  the  Revised 
Statutes.  In  plantations  the  qualifications  of  voters,  as  afore- 
said, shall  be  determined  by  the  Usts  of  voters  used  therein  at  the 
last  preceding  state  election  corrected  in  the  manner  provided 
by  section  forty-one  of  chapter  five  of  the  Revised  Statutes. 

Sect.  13.  No  person  shall  vote  at  any  primary  election  unless 
a  legally  qualified  voter  at  such  voting  place,  as  required  by  the 
preceding  section,  and,  in  all  cities  and  in  towns  of  two  thousand 


PRIMARY    ELECTION    LAW.  II 

inhabitants  or  more,  enrolled  as  qualified  to  vote  in  the  caucuses  voter  must  be  en- 
of  his  political  party  in  the  manner  provided  by  the  general  or  rolled. Exceptions, 
special  laws  applicable  to  said  cities,  or  any  of  them,  or  to  said 
towns.  The  selectmen  of  towns  and  the  wardens  of  wards  in  cities  cierks  must  fur- 
shall  be  seasonably  furnished  by  the  town  or  city  clerk,  or  other  °;'^  "7^'^^'*  "'*" 

•^  ''  ■'of  enrollment. 

official  charged  with  the  duty  of  preserving  the  same,  with  duly 
certified  copies  of  all  enrollment  lists,  arranging  each  political 
party  separately  and  its  names  of  voters  therein  alphabetically.  If 
not  therein  enrolled  any  voter  qualified  by  law  and  this  act  as  a 
lesral  voter  at  such  voting  place,  may  be  enrolled  after  subscribing   May  enroll  at  poii- 

11-  1    1      r  1      11  1      1  1  .       J    ing    places    under 

and  makmg  oath  before  a  ballot  clerk  to  the  statement  as  required  certain  conditions, 
by  chapter  six,  sec.  one  hundred  and  three.  Revised  Statutes,  and 
the  duties  imposed  upon  the  secretary  of  a  caucus  by  said  section  ^ 

shall  be  performed  by  such  ballot  clerk.     A  suitable  number  of  n^ 

such  statements  shall  be  furnished  at  each  voting  place  by  the 
city  or  towns  ;  if  the  number  be  insufficient,  or  none  be  furnished, 
the  statement  aforesaid  may  be  sworn  to  as  aforesaid  and  return 
thereof  made  in  like  manner  as  if  the  same  had  been  subscribed. 
At  the  polling  places  in  the  cities  and  towns  aforesaid  each  per- 
son applying  to  vote  shall  give  his  name,  residence,  party  affil- 
iation, and  place  of  last  enrollment,  if  any;  if  already  enrolled  in 
the  precinct  he  shall  be  given  a  ballot  of  his  party,  his  name  shall 
be  checked  on  the  enrollment  hst ;  and  he  shall  be  admitted  to  the 
voting  booth  and  vote.  If  not  enrolled  and  then  enrolled  as  here- 
inbefore provided,  he  shall  be  given  a  ballot  of  his  party,  checked 
and  may  vote  as  aforesaid.*  In  plantations  and  towns  having  less 
than  two  thousand  inhabitants,  enrollment  shall  not  be  neces- 
sary and  any  voter,  legally  qualified  to  vote  therein,  shall,  upon 
giving  his  name  and  party  affiUation,  be  given  a  ballot  of  his 
party,  his  name  checked  upon  the  voting  list  and  he  shall  be  ad- 
mitted to  the  voting  booth  and  vote.  No  ballot  shall  be  received 
containing  any  distinguishing  mark  or  figures  thereon  other  than 
as  herein  expressly  permitted. 

Sect.  14.  Except  as  modified  or  superseded  by  this  act,  sec- 
tions twenty-three,  twenty- four,  twenty-five,  twenty-six,  twenty- 
seven,  twenty-nine,  thirty,  thirty-one,  thirty-two  and  thirty-three 
of  Chapter  six,  R,  S.,  shall  apply,  so  far  as  necessary  thereto,  to 
primary  elections,  except,  however,  that  in  designating  his  choice  Ballots,  how 
of  candidates  the  voter  shall  mark  a  cross  (X).  in  the  square  to  the  ^^^  *  ^  ^°  '^^' 
right  of  the  name  of  each  person  that  he  desires  to  vote  for,  and 


12  PRIMARY    ELECTION    LAW. 

the  voter,  if  desirous  of  voting  for  any  person  whose  name  is  not 
printed  upon  the  ballot,  may  do  so  by  writing   or   pasting   such 
name  or  names  in  the  blank  spaces  left  therefor  and  marking  a 
cross  (X)  to  the  right  of  such  name  or  names. 
Secretary  of  State         ^^^^  j^^  Secretary  of   State  shall  seasonably   furnish 

must     furnish  -'  -^  •' 

blanks  to  clerks  blanks  for  all  voting  places  on  which  to  make  the  returns  re- 
for  return  of  votes,   q^jj-^^j  hereunder.     The  names  of  the  candidates  shall  be  printed 
thereon  substantially  as  in  the  nominating  ballot  and  in  the  space 
made  for  the  purpose  following  each  name  shall  be  there  entered 
the  number  of  votes  received  in  that  polling  place  by  each  can- 
didate.    The  ballots  shall  be  sorted  and  the  result  declared  in 
open  plantation,  town  and  ward  meetings.     Such  record  shall  be 
Separate     record  separately  made  for  the  political  parties  respectively  having  pro- 
parties,  posed  nominees  upon  the  ballot  and   shall   give   the   number   of 
votes  lawfully  cast  for  each  of  the  nominees  thereon,  following 
as  near  as  practicable  the  order  of  the  poUtical  parties;  officers 
and  nominees  thereon,  so  as  to  give  the  detailed  result  of  such 
Returns  shall  be  votiug.     Rctums  thcrcof  shall  be  attested  by  the  selectmen  and 
town  clerk,  in  towns,  and  by  the  assessors  and  clerk  in  planta- 
tions, in  like  manner  as  at  the  biennial  election  for  Governor. 
^,   ,  Such  clerks  shall  cause  the  returns  aforesaid  to  be  delivered  at 

Clerks  must  report 

to  Secretary  of  the  officc  of  the  Secretary  of  State,  by  mail  or  otherwise,  within 

State  withm  seven  g^^^j^  ^j^yg  after  such  primary  election  and  if  not  so  delivered 

within  said  seven  days  like  proceedings  shall  follow  as  provided 

by  Chapter  six,  sections  fifty-five  to  fifty-eight,  both  inclusive,  of 

the  Revised  Statutes.     In  cities,  the  Warden  shall  preside,  as  re- 

Who  shall  preside  .        ,   ,        ,  i         .  •  i  r      n  I'n     j 

at  Primary  eiec  quircd  by  law  at  statc  elections,  receive  the  votes  of  all  qualmea 
**^°^-  voters  present,  and,  as  herein  required  in  case  of  town  meetings,, 

sort,  count  and  declare  the  results  in  open  ward  meetings,  and  in 
the  presence  of  the  ward  clerk,  who  shall  make  return  and  a 
record  thereof,  as  in  towns,  and  a  fair  copy  of  the  record  shall  be 
attested  by  the  warden  and  the  ward  clerk,  sealed  up  in  open 
ward  meeting  and  deUvered  to  the  city  clerk,  within  twenty- four 
hours  after  the  closing  of  the  polls.  And  the  aldermen  of  each 
city  shall  be  in  session  within  twenty- four  hours  after  the  close 
of  the  polls  in  such  meetings,  and  in  the  presence  of  the  city  clerk 
shall  open,  examine  and  compare  the  copies  from  the  Usts  of 
votes  given  in  in  the  several  wards,  of  which  the  city  clerk  shall 
make  a  record  and  a  return  thereof  shall  be  made  into  the  office 
of  the  Secretary  of  State  in  the  same  manner  as  selectmen  of 
towns  are  required  to  do  hereunder. 


PRIMARY    ELECTION    LAW.  1 3 

Sect.  16.     The  Governor  and  Council  by  the  first  Tuesday  of  Returns  tabulated 

T     1       •  1  •  1   •    1  •  1         •  •      1      1  1    1  1  ^y   Governor   and 

July  in  each  year  in  which  a  primary  election  is  held  hereunder,  councUwhen. 

shall  open  and  compare  the  votes    so    returned   hereunder,    and 

have  the  same  tabulated,  and  may  receive  testimony  on  oath  to 

prove  that  the  return  from  any  city,  town  or  plantation  does  not 

agree  with  the  record  of  the  vote  of  such  city,  town  or  plantation, 

in  the  number  of  votes  or  the  names  of  the  persons  voted  for, 

and  to  prove  which  of  them  is  correct;  and  the  return,  when 

found  to  be  erroneous,  may  be  corrected  by  the  record.     No  such  ^°w    corrections 

,  ,  .   ,  -  •  .  •   1  •  I  "lay  be  made. 

correction  can  be  made  without  apphcation  within  seven  days 
after  the  returns  are  opened  and  tabulated,  stating  the  error 
alleged,  nor  without  reasonable  notice  thereof  given  to  the  person 
affected  by  such  correction,  and  during  said  seven  days  any  per- 
son voted  for  may  personally,  and  by  or  with  counsel,  examine 
said  returns  in  the  presence  of  the  Governor  and  Council,  or 
either  of  them,  or  any  member  of  the  Council,  or  the  Secretary 
of  State.  The  person  having  the  highest  number  of  votes  for  nom- 
ination to  any  office  shall  be  deemed  to  have  been  nominated  by 
his  political  party  for  that  office,  provided,  that  when  a  tie  shall 
exist  between  two  or  more  persons  for  the  same  nomination  by 
reason  of  said  two  or  more  persons  having  an  equal  and  the 
highest  number  of  votes  for  nomination  by  one  party  to  one  and 
the  same  office,  the  Secretary  of  State  shall  give  notice  to  the 
several  persons  so  having  the  highest  and  equal  number  of  votes 
to  attend  at  the  office  of  the  Secretary  of  State  at  a  time  to  be 
appointed  by  said  Secretary,  who  shall  then  and  there  proceed 
publicly  to  decide  by  lot  which  of  the  persons  so  having  an  equal  J^^®  *°  ^^  decided 
number  of  votes  shall  be  declared  nominated  by  his  party  with 
like  effect  as  if  there  had  been  no  such  tie.  To  ascertain  what 
persons  have  received  the  highest  number  of  votes,  the  Governor 
and  Council  shall  count  and  declare  for  any  person  all  votes 
appearing  by  said  returns  to  have  been  intentionally  cast  for  considered, 
him,  although  his  name  upon  the  returns  is  misspelled  or  written 
with  only  the  initial  or  initials  of  his  christian  name  or  names,  or 
with  wrong  initials  or  otherwise  as  the  case  may  be;  and  they 
may  hear  testimony  upon  oath,  in  relation  to  such  returns,  in  order 
to  get  at  the  intention  of  the  voters  and  shall  decide  accordingly. 
When  a  return  is  defective  by  reason  of  any  informality,  an  at-  Defective  return 
tested  copy  of  the  record  may  be  substituted  therefor.  ™*^ 


14  PRIMARY    ELECTION    LAW. 

Secretary  of  State         The  Secretary  of  State  shall  enter  in  a  register  of  nomina- 
^slfui°candi(i"r  tions,  to  bc  kept  by  him  for  the  purpose,  the  nominations  for  each 

party  so  ascertained,  and  shall  forthwith  notify  by  registered 

mail  each  person  who  is  so  nominated. 

Sect.  17.  Every  candidate,  so  nominated  and  notified  as 
Candidate  must  aforesaid,  shall  within  seven  days  after  the  receipt  of  such  noti- 
fiie  acceptance  f^^ation,  Send  to  the  Secretary  of  State,  by  registered  mail  the 

within  seven  days.  '  -^  '       j  o 

following  acceptance : 

To  the  Secretary  of  State: 

I,   ,  of   ,  hereby  accept  the 

nomination  to  the  office  of   ,  made  at  the 

primary  election  June ,19     . 

Failure  to  file  ac-         The  name  of  any  candidate   failing  to  file  such  acceptance 
slvrday1\?le  ^hall  not  bc  printed  upon  the  official  ballot  to   be    used    at   the 
considered  refusal,   state  clcction  and  failure  to  file  such  acceptance  within  said  seven 
days  shall  be  deemed  to  be  a  refusal  thereof. 


Section  18.  Each  candidate,  so  nominated,  shall,  with  such 
acceptance,  send  to  the  secretary  of  State  the  following  return 
by  him  subscribed  and  sworn  to: 

RETURN  OF  EXPENDITURES. 
Candidate  must  To  the  Secretary  of  State: 

file   return   of  ex-  ^  -  •        4.    j      r    -, 

penditures.  I,  ,  of  ,    nommated    for 

the  office  of  ,  at  the  primary    election    held    on 

June  19     ,  on  oath  depose  and  say  that  the  following  is  a 

true  and  perfect  return  of  all  expenditures  by  me  made,  or  lia- 
bilities by  me  incurred  for  any  purpose  whatever,  except  my 
actual  personal  expenses  for  postage,  telegrams,  telephones,  sta- 
tionery, express  and  traveling,  in  connection  with  my  said  nomi- 
nation, or  the  procurement  thereof,  before,  at,  or  since  said 
primary  election. 
The  total  amount  thereof  was  $ 

Form  of  same.       rj.^^  aforesaid  amount  is  made  up  of  the  following:  $ 
Printing  $ 

Clerk  hire  $ 


PRIMARY    ELECTION    LAW.  1 5 

Newspaper  advertising  $ 

Hall  rent  $ 

Soliciting  agents  $ 

Miscellaneous  $ 

Total  $ 

Of  the  above,  the  following  are  itemized: 

PRINTING. 

Name.  Date.  Amount 

(The  subdivisions  of  clerk  hire,  newspaper  advertising,  hall 
rent  and  soliciting  agents  shall  follow  the  foregoing  form.) 

MISCELLANEOUS. 

Name.      •  Date.  Amount.  Purpose. 

I  further  depose  and  say  that  no  person,  firm  or  corporation 
has  with  my  knowledge  and  consent  paid  any  sum,  or  incurred 
any  liability,  other  than  to  myself,  or  my  political  agent,  to  pro- 
cure, or  to  aid  in  procuring,  my  nomination  aforesaid. 
Dated  A.  D.  19     . 

STATE  OF  MAINE 
County,  ss.  A.  D.  19     . 

Personally  appeared  and  made  oath  that  the 

foregoing  return  by  him  signed  is  true. 

Before  me. 

Justice  of  the  Peace. 

If  any  statement  in  said  return  is  wilfully  false  it  shall  be 
deemed  to  be  perjury  and  shall  be  punished  accordingly.  No  ex-  shall  be  furnished, 
penditures  shall  be  so  made,  or  Habilities  so  incurred  except  for 
the  purposes  named  aforesaid  in  said  return.  The  subdivision 
"Miscellaneous"  shall  not  exceed  ten  per  cent,  of  the  total 
amount  hereinafter  permitted,  and  shall  include  no  items  not 
legitimate  under  chapter  one  hundred  twenty-two  of  the  public 
laws  of  nineteen  hundred  eleven,  as  now  or  hereafter  amended, 
subsections  (d)  and  (e)  of  section  five  of  which  act  as  applied 
to  primary  elections,  are  to  be  construed  as  if  reading  as  fol- 
lows:  '(d)  of  renting  and  furnishing  rooms  to  be  used  by  can- 
didates or  their  political  agents,  and  for  the  reasonable  enter- 
tainment and  refreshment  exclusive  of  alcoholic  beverages,  of 
pohtical  agents;'  *(e)  of  compensating  clerks  and  other  persons 
employed  in  candidates'  rooms  and  at  the  polls.'    Political  agents 


1 6  PRIMARY    ELECTION    LAW. 

of  candidates  appointed  under  the  provisions  of  said  chapter  one 
hundred  twenty-two  shall,  within  fifteen  days  after  the  date  of  the 
primary  election,  make  to  the  secretary  of  State  the  return  re- 
quired by  this  section  of  candidates,  omitting  only  therefrom  any 
sums  expended  by  them  for  the  actual  personal  expenses  of  the 
candidate  for  postage,  telegrams,  telephones,  stationery,  express, 
and  travelling;  and  the  form  of  the  return  shall  be  varied  ac- 
cordingly. Candidates  who  are  their  own  political  agents  need 
not  make  a  separate  return  in  the  latter  capacity.  Any  political 
agent  failing  to  make  return  within  the  time  required,  shall  be 
fined  twenty-five  dollars  for  each  day  on  which  he  is  in  default, 
unless  he  shall  be  excused  by  the  court,  but  such  failure  shall  not 
avoid  nor  affect  the  nomination  of  the  candidate. 
Returns  open  to  The  rctums  aforcsaid  shall  be  open  to  public  inspection  for 
Ta^r^tnd  ThTn  ^"^  y^^^  ^"*^  ^^^^  ^^  dcstroycd.  The  failure  of  any  candidate 
destroyed.  to  file  a  rctum  within  the  time  required  by  this  act,  shall  render 

his  nomination  void. 
Penalty  for  incur-         Scct.   19.     No  person,  firm  or  corporation  shall  directly  or 
ing  liability  to  aid  jndirectly  or  by  any  device  whatsover  pay  any  sum,  or  incur  any 

m   nomination    of  j  j  j  1.     j  j 

candidate  without  liability,  to  procurc  or  to  aid  in  the  procurement  of  the  nomina- 
his  consent.  ^^^^  ^£  ^^^  Candidate  so  to  be  voted  for  as  aforesaid    at    any 

primary  election   without  the   knowledge   and   consent  of   such 
candidate.     Whoever  violates  the  provisions  of  this  section  for- 
feits five  hundred  dollars  to  be  recovered  by  indictment, 
u.  s.  senator  must         Scct.  20.     Candidates  chosen  for  United  States  senators,  as 
file  return  of  ex-  ^foresaid,  shall  file  like  acceptances  and  make  like  returns.     If 

penditures  or  for-  .  .  . 

feit  nomination.      any  such  Candidate  fails  so  to  do,  his  nommation  at  the  primary 
election  shall  be  deemed  to  be  void. 

Sect.  21.  The  expenditures  to  be  made,  and  liabiHties  incurred, 
for  which  returns  are  to  be  made  as  hereinbefore  provided,  shall 
Limitation  of  ex-  Hot  cxcccd  in  amount  for  each  candidate  the  following :  In  case 
penses.  ^f  nominations  for  any  office  to  be  filled  by  the  voters  of  the  state 

one  thousand  five  hundred  dollars,  for  members  of  Congress  five 
hundred  dollars,  for  state  senators  and  county  officers  one  hun- 
dred and  fifty  dollars  for  each  ten  thousand  votes  cast  for  gov- 
ernor within  the  county  at  the  last  preceding  gubernatorial 
election  or  fraction  thereof,  for  members  of  legislature  in  repre- 
sentative districts  having  three  representatives  or  more,  one  hun- 
dred dollars,  in  other  representatve  districts  fifty  dollars,  for 
United  States  Senator  one  thousand  five  hundred  dollars.   When- 


PRIMARY    ELECTION    LAW.  1 7 

ever  such  expenditures  and  liabilities  exceed  the  foregoing  limita- 
tions, upon  proof  thereof  to  the  satisfaction  of  the  Secretary  of 
State,  after  complaint,  notice  and  hearing,  or  upon  the  admission 
of  the  fact  by  the  candidate  in  his  return,  the  finding  of  such  fact 
by  the  Secretary  of  State,  shall  be  deemed  to  be  a  withdrawal  by  wUMrieg^i  Umu 
such  candidate  and  the  vacancy  shall  be  filled  in  like  manner  as  deemed  a  with- 
if  such  candidate  had  filed  a  withdrawal  in  writing.  ""^^  ' 

Section  22.     In  case  any  candidate,  except  for  the  United  ,  .^    u 

•^  .  ^°  *^*^®  °^  death  or 

States  Senate,  who  has  been  duly  nominated  as  the  result  of  any  withdrawal  of  can- 
primary  election  hereunder,  shall  die  before  the  day  of  the  guber-  u'^s^senatr*  ^""^ 
natorial  election,  or  shall  withdraw  in  writing,  or  shall  forfeit  his 
nomination  by  failure  to  accept,  or  to  file  return,  as  provided 
in  sections  seventeen  and  eighteen,  the  vacancy  may  be  supplied 
by  the  political  party  of  such  nominee  by  any  convention  of  dele- 
gates or  appropriate  caucus,  under  the  provisions  of  sections  two, 
three,  and  seven  of  chapter  six  of  the  Revised  Statutes,  or  if  the 
time  is  insufficient  therefor,  then  the  vacancy  may  be  supplied  by 
the  regularly  elected  state,  congressional  district,  county,  town, 
city,  plantation  or  representative  class  committee,  as  the  case  may 
be,  of  such  political  party.  The  certificate  of  nomination,  made  for 
supplying  such  vacancy,  shall  state,  in  addition  to  the  other  facts  How  new  name 
required  by  this  section,  the  name  of  the  original  nominee,  the  ^*baiiot/"^^ '* 
facts  causing  the  vacancy  and  the  measures  taken  in  accordance 
Avith  the  above  requirements  for  filling  the  vacancy;  said  certifi- 
cate shall  be  accompanied  by  the  withdrawal,  if  any,  and  shall  be 
signed  and  sworn  to  by  the  presiding  officer  or  secretary  of  the 
convention  or  caucus,  or  by  the  chairman  or  secretary  of  the 
duly  authorized  committee,  as  the  case  may  be.  The  name  so 
supplied  for  the  vacancy  shall,  if  the  ballots  have  not  been 
printed  for  the  ofiice  already,  be  placed  on  the  ballots  instead  of 
the  original  nomination ;  or,  if  the  ballots  have  been  printed,  new 
ballots  containing  the  new  nomination  shall,  whenever  practica- 
ble, be  furnished,  or  slips  containing  the  new  nomination  shall 
be  printed  under  the  direction  of  the  secretary  of  State,  which 
may  be  pasted  in  proper  place  upon  the  ballots  and  thereafter 
shall  become  part  and  parcel  of  said  ballots  as  if  originally 
printed  thereon. 

Section  23.     In  case  any  nominee  for  United  States  senator,  in  case  of  death  or 
nominated  hereunder,  shall  die  before  the  meeting  of  the  legis-  s! senator, 
lature  at  which  such  office  is  to  be  filled,  or  shall  before  that 


i8 


PRIMARY    ELECTION    LAW. 


time  withdraw  in  writing,  or  shall  forfeit  his  nomination  by  fail- 
ure to  accept  or  to  file  return,  as  provided  in  sections  seventeen 
and  eighteen,  a  State  primary  election  shall  be  ordered  by  procla- 
mation of  the  governor,  at  such  date  as  he  deems  best,  conform- 
ing as  near  as  may  be  practicable  to  the  provisions  of  this  act, 
but  in  that  event  the  governor  in  said  proclamation  shall  fix  the 
time  within  which  and  when  the  returns  shall  be  received  and 
the  result  declared.  Candidates  so  chosen  shall  be  subject  to  the 
provisions  of  this  act  regulating  acceptances  and  returns  by  can- 
didates for  United  States  senator. 

Sect.  24.  When  special  elections  are  to  be  held  for  any  of- 
fice as  required  or  permitted  by  law,  primary  elections  for  the 
nomination  of  candidates  to  be  voted  for  thereat  shall  be  held  at 
such  time  as  shall  be  ordered  by  the  Governor  by  proclamation 
and,  so  far  as  practicable,  all  the  provisions  hereof  shall  be  appli- 
cable thereto.  Candidates  so  nominated  shall  file  acceptances  and 
returns  of  expenditures  as  hereinbefore  provided. 
Certain  sections  of  Scct.  25.  Exccpt  as  modified  or  superseded  by  this  act,  and 
Revised  Statutes  so  far  as  the  Same  may  be  necessary  for  the  purposes  hereof,  and 
where  not  inconsistent  herewith,  chapter  five  of  the  Revised 
Statutes,  and  all  acts  additional  thereto  and  amendatory  thereof, 
are  hereby  made  applicable  to  primary  elections. 

Sect.  26.     Except   as   modified   or   superseded   by   this    act, 
and  so  far  as  the  same  may  be  necessary  for  the  purpose  hereof, 
and  where  not  inconsistent  herewith,  the  following  sections  of 
chapter  six  of  the  Revised  Statutes    with    all    acts    additional 
thereto  and  amendatory  thereof,  are  hereby  made  applicable  to 
primary  elections  and  all  doings,  therefor,  thereat  or  thereafter, 
for  the  purposes  thereof  and  of  this  act;  sections  eleven,  thir- 
teen, sixteen,  eighteen,  nineteen,  twenty,  twenty-one,  twenty-two, 
thirty-six,  thirty-seven,  thirty-eight,  thirty-nine,  forty,  forty-one, 
forty- four,  sixty-one,  sixty-two,  sixty- three,  sixty- four,  seventy- 
five,  seventy-six  to  one  hundred,  both  inclusive,  one  hundred  and 
eighteen  to  one  hundred  and  twenty-two,  both  inclusive,  and  one 
hundred  and  thirty-three  to  one  hundred  and  thirty-six,  both  in- 
clusive. 
Elections  to  be         Scct.  2.J.     In  coustruing  the  provisions  of  this  act  and  of  all 
irarpossTbiTto  sections  of  the  Revised  Statutes,  with  all  acts  additional  thereto 
bienaiai  elections  ^^d  amcndatory  thereof,  hereby  made  applicable  as  aforesaid  to 
con!fs*tert.*'^^  '°    the  primary  elections  to  be  held  hereunder  and  to  all  matters 


PRIMARY    ELECTION    LAW.  1 9 

herein  contained  before  and  after  such  primary  election,  mate- 
rial to  the  purposes  thereof,  they  shall,  as  to  the  duties  of  offi- 
cers, forms,  blanks,  ballots,  elections,  warrants,  returns,  and  all 
other  matters,  so  far  as  necessary  for  accompHshing  the  purposes 
of  this  act,  be  understood  and  interpreted  as  though  said  prim- 
ary election  is  a  separate  election  for  each  poHtical  party  making 
its  nominations  hereunder,  and  to  be  conducted  as  to  that  party 
as  nearly  as  practicable  the  same  as  the  regular  biennial  state 
elections  in  September  are  conducted  for  all  the  electors  except 
in  so  far  as  the  manner  of  proceeding  before,  at  and  after  said 
September  election  may  be  modified  or  changed  by  this  act  for 
the  purposes  of  said  primary  elections.  The  provisions  of  this 
act  do  not  modify  or  in  any  manner  control  the  proceedings  at 
the  regular  biennial  state  elections  except  in  so  far  as  they  may 
be  herein  expressly  and  directly  amended. 

Sect.  28.     All  acts  or  parts  of  acts  inconsistent  herewith  or  consistent,  re- 
contrary  to  the  provisions  of  this  act,  are  hereby  repealed.  peaied. 

Sect.  29.  Every  political  party  entitled  by  law  to  represen- 
tation upon  the  official  ballot  at  state  elections  held  biennially  on  ah  parties  must 
the  second  Monday  in  September,  or  at  any  special  election  for  ^°^"^^^  "^^^^  *^^^ 
state  or  county  officers  or  for  members  of  Congress  or  members 
of  the  legislature,  shall  nominate  all  its  candidates  for  such 
offices,  to  be  voted  for  at  such  elections,  under  the  provisions  of 
this  act  and  not  in  any  other  manner. 

Sect.  30.     All  accounts  for  expenditures  by  the  state  hereun- 
der shall  be  approved  in  the  manner  required  by  law^  and  after  Expenditures   in- 
approval  the   Governor  and   Council  shall  draw  their  warrant  how  paid, 
against  any  money  in  the  treasury  not  otherwise  appropriated  in 
payment  thereof. 

Section  31.     There  shall  be  provided  or  furnished  by  the  Number  of  Ballots 
secretary  of  State  for  each  voting  place  or  precinct  at  which  to  be  printed, 
an  election  is  to  be  held,  not  less  than  sixty  of  each  party  primary 
nominating  ballot  for  every  fifty  votes  and  fraction  of  fifty  votes 
cast  by  that  party  in  said  voting  place  or  precinct  at  the  next  pre- 
ceding election,  city,  county.  State  or  national,  corresponding  to 
the  election  for  which  said  primary  election  is  to  be  held  and  for 
which  said  ballots  are  provided.     If  the  city,  town  or  plantation 
clerk  deems  that  more  than  the  above  number  of  ballots  may  be 
required  by  any  party  on  account  of  an  increased  enrollment,  he 
shall  so  certify,  on  or  before  the  date  for  filing  primary  nomina- 
tion papers,  to  the  Secretary  of  State,  who  shall  add  the  number  fbtafnef  °'' ''°" 
so  asked  for  to  the  number  of  primary  nominating  ballots  sent 
to  that  city,  town,  or  plantation. 


State  of  Maine 


AN  ACT  CONCERNING  CORRUPT  PRAC 

TICES  AND  ELECTIONS,  CAUCUSES 

AND  PRIMARIES 

WITH  AMENDMENTS  TO  DATE 
JANUARY  1,  1914 


Prepared  under  the  Direction  of  the 
Secretary  of  State 


JANUARY  1,  1914 


«   • 


•  ,• 


CHAPTER  122,  PUBLIC  LAWS  OF  1911 

As  amended  by  chapter  153  of  the  Public  Laws  of  1913. 

An  Act  Concerning  Corrupt  Practices  at  BLections,  Caucuses,  and  Primaries. 

Be  it  enacted  by  the  People  of  the  State  of  Maine,  as  follows: 

Section  i.  The  provisions  of  this  act  shal'l  apply  to  the 
election  of  all  officers  for  whom  ballots  shall  be  cast  pursuant 
to  the  provisions  of  chapter  six  of  the  Revised  Statutes  and  to 
the  elections  of  all  officers  to  be  voted  for  by  the  legislature  or 
either  branch  thereof,  the  board  of  aldermen,  municipal  officers, 
common  council  or  city  council  of  any  city,  to  all  caucuses  and 
primary  elections  preliminary  to  any  such  other  elections  and 
to  all  candidates  to  be  voted  for  at  such  elections,  caucuses  and 
primary  elections.  The  term  "caucuses  and  primary  elections" 
shall  include:  (a)  all  meetings  held  to  nominate  a  candidate 
for  office  or  to  elect  delegates  to  a  nominating  convention ;  (b) 
nominating  conventions  of  such  delegates;  and  (c)  caucuses  of 
members  of  the  legislature  or  either  branch  thereof,  of  the 
board  of  aldermen,  common  council,  or  city  council  of  any  city. 

Section  2.  The  term  "political  committee"  shall  include 
every  committee  or  combination  of  three  or  more  persons  to  aid 
or  promote  the  success  or  defeat  of  any  political  party  or 
principle  in  any  such  election,  or  to  aid  or  take  part  in  the 
nomination  or  election  of  any  candidate  for  public  office. 
The  term  "treasurer"  shall  include  all  persons  appointed 
by  any  political  committee  to  receive  or  disburse  moneys 
to  aid  or  promote  the  success  or  defeat  of  any  such 
party,  principle,  or  candidate.  The  term  "political  agent"  shall 
include  all  persons  appointed  by  any  candidate  before  any  such 
election,  caucus,  or  primary  election  to  assist  him  in  his  can- 
didacy. No  person  shall  act  as  any  such  treasurer  or  political 
agent  unless,  after  his  appointment  and  before  the  election  for 
which  he  is  appointed,  a  writing  designating  him  as  such  treas- 
urer or  political  agent  shall  be  filed  with  the  secretary  of  the 


lO      ,V\^A: 


2  ,  CORRUPT  PRACTICES  AT  DIRECTIONS. 

State,  except  that,  in  case  the  duties  of  such  treasurer  or  politi- 
cal agent  shall  relate  to  any  town,  city  or  ward  election  exclu- 
sively, or  to  any  caucus  or  primary  election  preliminary  thereto, 
such  writing  shall  be  filed  with  the  town  clerk  of  the  town 
within  which  such  candidate  resides  instead  of  with  said  sec- 
retary of  the  state.  The  treasurer  of  a  representative-class 
committee  shall  file  such  writing  with  the  town  clerk  of  the 
town  within  which  he  resides.  Every  such  writing  shall  desig- 
nate the  particular  period,  election,  caucus,  or  primary  election 
during  which  such  treasurership  or  political  agency  shall  con- 
tinue. Nothing  in  this  act  shall  prevent  the  treasurer  or  politi- 
cal agent  of  any  organization  or  candidate  from  being  the 
treasurer  or  political  agent  of  any  other  organization  or  candi- 
date, and  any  candidate  for  public  office  may  designate  him- 
self as  his  own  political  agent. 

Section  3.  Any  person  nominated  as  a  candidate  for  public 
office,  or  a  candidate  for  such  nomination,  may  make  a  volun- 
tary payment  of  money  to  any  treasurer  or  political  agent  for 
any  of  the  purposes  permitted  by  this  act;  provided,  however, 
that  no  person  other  than  such  a  candidate  shall,  to  aid  or  pro- 
mote the  success  or  defeat  of  any  political  party  or  principle, 
or  of  any  candidate  for  public  office,  within  six  months  prior  to 
any  such  election  make  a  contribution  of  money  or  property  to 
any  person  other  than  to  a  treasurer  or  political  agent.  Nothing 
contained  in  this  act  shall  limit  or  affect  the  right  of  any  person 
to  expend  money  for  proper  legal  expenses  in  maintaining  or 
contesting  the  results  of  any  such  election. 

Section  4.  No  person  other  than  a  treasurer  or  political 
agent  shall  pay  any  of  the  expenses  of  any  election,  caucus,  or 
primary  election,  except  that  a  candidate  may  pay  his  actual 
personal  expenses  for  postage,  telegrams,  telephones,  stationery, 
express,  and  traveHng;  but  the  provisions  of  this  section  shall 
not  apply  to  non-partisan  election  and  ante-election  expenses 
paid  for  out  of  the  public  moneys  of  the  State,  or  of  any  town, 
city  or  other  municipality. 

Section  5.  Subject  to  the  foregoing  limitations,  it  shall  be 
lawful  for  any  treasurer  or  political  agent,  in  connection  with 
any  election,  caucus,  or  primary  election,  to  pay  the  following 
expenses:     (a)  of  hiring  public  halls  and  music  for  conventions, 


CORRUPT  PRACTICES  AT  ELEC^'lON'S.  ^      i  i'/; ' -^  i  ^'  ^^ 3  : 

public  meetings,  and  public  primaries,  and  for  advertising  the 
same  by  posters  or  otherwise;  (b)  of  printing  and  circulating 
political  newspapers,  pamphlets,  and  books;  (c)  of  printing  and 
distributing  ballots  and  pasters;  (d)  of  renting  and  furnishing 
rooms  to  be  used  by  political  committees,  and  for  the  reasonabk 
entertainment  and  refreshment,  exclusive  of  alcoholic  bev- 
erages, of  the  members  of  such  committee;  (e)  of  compensating 
clerks  and  other  persons  employed  in  committee  rooms  and  at 
the  polls;  (f)  of  traveling  expenses  of  political  agents,  com- 
mittees and  public  speakers,  and  reasonable  compensation  to 
public  speakers;  (g)  of  necessary  postage,  telegrams,  telephones, 
printing,  newspaper  advertising,  express  and  conveyance 
charges.  The  term  "conveyance  charges"  shall  include  the  con- 
veyance of  electors  to  the  polls.  No  treasurer  or  political  agent 
shall  incur  any  expense  for  any  purpose  not  authorized  by  this 
section. 

Section  6.  Within  fifteen  days  after  any  such  election,  every 
treasurer  and  every  political  agent  shall  file  an  itemized  sworn 
statement  with  the  officer  with  whom  his  designation  was  filed 
as  aforesaid,  which  statement  shall  include  the  amount  of 
money  or  property  in  each  case  received  or  promised,  the  name 
of  the  person  from  whom  it  was  received  or  by  whom  it  was 
promised,  the  amount  of  every  expenditure  made  or  liability 
incurred,  (other  than  the  actual  personal  expenses  of  candi- 
dates enumerated  in  section  four,  which  need  not  be  returned), 
the  name  of  the  person  to  whom  such  expenditure  or  promise 
was  made,  and  shall  clearly  state  the  purpose  for  which  such 
money  or  property  was  so  expended  or  promised.  Any  treas- 
urer or  political  agent  who  shall  fail  to  file  such  a  statement 
within  the  time  required,  shall  be  fined  twenty-five  dollars  for 
each  day  on  which  he  is  in  default,  unless  he  shall  be  excused  by 
the  court.  This  section  shall  not  apply  to  primary  elections  held 
nnder  the  provisions  of  the  act  adopted  by  the  qualified  voters 
of  this  State  at  the  special  election  held  September  eleven,  nine- 
teen hundred  and  eleven,  nor  shall  it  apply  to  candidates  who 
are  their  own  political  agents,  the  return  required  of  such  can- 
didates under  the  provisions  of  section  seven  of  this  act  being 
sufficient. 


4  .;  .-^  ,^.-^'  ^      CORRUPT  PRACTICES  AT  ELECTIONS. 

Section  7.  Every  candidate  for  public  office,  including  can- 
didates for  the  office  of  senator  of  the  United  States,  shall, 
within  fifteen -days  after  the  election  at  which  he  was  a  candi- 
date, file  with  the  secretary  of  the  State,  if  a  candidate  for  a 
senator  of  the  United  States,  representative  in  Congress,  or  for 
any  State  or  county  office.  State  senator  or  representative  in 
the  legislature,  but  with  the  town  clerk  of  the  town  in  which  he 
resides,  if  he  was  a  candidate  for  a  town,  city,  or  ward  office, 
an  itemized,  sworn  statement  setting  forth  in  detail  all  the 
moneys  contributed,  expended,  or  promised  by  him  to  aid  and 
promote  his  nomination  or  election,  or  both,  as  the  case  may  be, 
and  all  existing  unfulfilled  promises,  or  liabilities  remaining  un- 
cancelled and  in  force  at  the  time  such  statement  is  made, 
whether  such  expenditures,  promises,  and  liabilities  were  made 
or  incurred  before,  during  or  after  such  election,  excepting, 
however,  his  actual  personal  expenses  enumerated  in  section 
four,  which  he  need  not  return.  If  no  money  or  other  valuable 
thing  was  given,  paid,  expended,  contributed,  or  promised,  and 
no  unfulfilled  liabilities  were  incurred  by  a  candidate  for  public 
office  to  aid  or  promote  his  nomination  or  election,  (other  than 
said  actual  personal  expenses),  he  shall  file  a  statement  to  that 
effect  within  fifteen  days  after  the  election  at  which  he  was 
a  candidate.  Any  candidate  who  shall  fail  to  file  such  a  state- 
ment shall  be  fined  twenty-five  dollars  for  every  day  on  which 
he  is  in  default,  unless  he  shall  be  excused  by  the  court.  Fif- 
teen days  after  any  such  election  the  secretary  of  the  State  or 
the  town  clerk,  as  the  case  may  be,  shall  notify  the  proper  prose- 
cuting officer  of  any  failure  to  file  such  a  statement  on  the  part 
of  any  candidate,  and  within  ten  days  thereafter  such  prosecut- 
ing officer  shall  proceed  to  prosecute  such  candidate  for  such 
oflfense.  This  section  shall  not  apply  to  primary  elections  held 
under  the  provisions  of  the  act  adopted  by  the  qualified  voters 
of  this  State  at  the  special  election  held  September  eleventh, 
nineteen  hundred  and  eleven. 

Section  8.  All  statements  filed  in  accordance  with  the  pro- 
visions of  this  act  shall  be  preserved  for  fifteen  months  after 
the  election  to  which  they  relate,  and  shall,  during  said  period, 
be  open  to  public  inspection. 

Section  9.  The  secretary  of  the  State  shall,  at  the  expense 
of  the  State,  provide  every  town  clerk  with  blank  forms  suita- 


CORRUPT  PRACTICES  AT  ELECVlQ^S;      ^.  \V ^''.  l?^  ^.  j  $  /;. 

ble  for  the  statements  required  to  be  returned  to  the  secretary  of 
State. 

Section  lo.  No  person  elected  to  any  office  established  by 
the  constitution  or  laws  of  this  state  shall  receive  any  salary  or 
emolument  for  the  period  during  which  he  shall  have  failed  to 
file  such  statement. 

Section  ii.     The  following  persons  shall  be  guilty  of  corrupt 
practices  and  shall  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  two  thousand  dollars  or  by  imprisonment  for  not 
less  than  thirty  days,  nor  more  than  two  years,  or  by  both,     (a) 
Every  person  who  shall  directly  or  indirectly  receive,  accept, 
request,  or  solicit  from  any  person,  committee,  association,  or- 
ganization or  corporation  any  money,  gift,  advantage,  prefer- 
ment, aid,  emolument,  or  any  valuable  thing  whatsoever,   for 
the  purpose  of   inducing  or  procuring  any  person  to  vote  or 
refrain  from  voting  for  or  against  any  person,  or  for  or  against  , 
any  measure  at  any  such  election  caucus,  or  primary  election. 
(b)    Every  person  who,  in  consideration  of  any  money,  gift, 
advantage,  preferment,  aid.  emolument,  or  any  valuable  thing 
whatsoever,   paid,   received,   accepted,  or   promised  to  the  ad- 
vantage of  himself  or  any  other  person,  shall  vote  or  refrain 
from  voting  for  or  against  any  person,  or  for  or  against  any 
measure  at  any  such  election,  caucus,  or  primary  election,     (c) 
Every  person,  other  than  political  committees,  treasurers,  and 
political  agents,  as  defined  in  section  two,  who  shall  solicit  from 
any  candidate  for  the  office  of  elector  of  president  and  vice- 
president  of  the  United  States,  of  senator  of  the  United  States, 
or   representative  in  Congress,  or  of  any  state,  county,  town, 
city,  or  ward  office,  any  money,  gift,  contribution,  emolument,  or 
other  valuable  thing  for  the  purpose  of  using  the  same  for  the 
supf>ort,  assistance,  benefit,  or  expenses  of  any  club,  company, 
or  organization,  or  for  the  purpose  of  defraying  the  cost  or  ex- 
penses  of  any  political  campaign  or   election.     But  this   sub- 
section shall  not  be  construed  to  permit  political  agents  of  can- 
didates for  the  legislature  to  solicit  contributions  from  candi- 
dates for  the  office  of  United  States  senator,     (d)  Every  person 
who  shall,  directly  or  indirectly,  pay,  give,  contribute,  or  promise 
any  money  or  other  valuable  thing,  to  defray,  or  towards  de- 
fraying, the  cost  or  expenses  of  any  campaign  or  election  to 


,\\6  ♦/:  \'1\  **  'f !  corrupt:  PRACTICES  at  e:ivE:ctions. 

any  j>erson,  committee,  company,  club,  organization,  or  associa- 
tion other  than  to  a  treasurer  or  political  agent :  but  this  sub- 
section shall  not  apply  to  the  actual  personal  expenses  for  pos- 
tage, telegrams,  telephones,  stationery,  express,  or  traveling 
incurred  by  any  candidate  for  office  or  for  nomination  thereto, 
(e)  Every  person  who,  in  order  to  seaire  or  promote  his  own 
nomination  or  election  as  a  candidate  for  public  office,  shall, 
directly  or  indirectly,  promise  to  appoint  or  promise  to  secure 
or  assist  in  securing  the  appointment,  nomination,  or  election 
of  any  other  person  to  any  public  position,  or  to  any  position 
of  honor,  trust,  or  emolument,  provided,  however,  that  any 
person  may  publicly  announce  his  own  choice  or  purpose  in 
relation  to  any  appointment,  nomination,  or  election  in  which  he 
^  may  be  called  to  take  part,  if  he  shall  be  nominated  for  or 
elected  to  any  pubHc  office,  (f)  Every  person  who  shall,  direct- 
.  ly  or  indirectly  by  himself  or  through  another  person,  make  a 
payment  or  promise  of  payment  to  a  treasurer  or  political  agent, 
in  any  other  name  than  his  own,  and  every  treasurer  or  political 
agent  who  shall  knowingly  receive  a  payment  or  promise  of 
payment,  or  enter  or  cause  the  same  to  be  entered  in  his  ac- 
counts, in  any  other  name  than  that  of  the  person  by  whom  such 
payment  or  promise  of  payment  is  made. 


I 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


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DNIVERSITY  OF  CAUFORNIA  LIBRARY 


